Muting of Floridians: Don't Shush Public

In a perfect state, a pair of anti-shushing bills filed in the Legislature would not be necessary to ensure the right of Floridians to speak before public bodies before they take official actions.

In a perfect state, a pair of anti-shushing bills filed in the Legislature would not be necessary to ensure the right of Floridians to speak before public bodies before they take official actions.

But as Sen. Joe Negron recently told the Senate's Governmental Oversight and Accountability Committee, some taxing authorities and special districts have refused to hear public comments before voting on key policies or projects.

In an instance that made headlines, the St. Johns River Water Management District refused to allow William Stetson Kennedy — a former writer, who spent years crusading for civil rights — to speak during a meeting during which the district's board considered construction of a water-treatment plant.

Other opponents of the project were allowed to speak but, because of time constraints and a large crowd, Kennedy wasn't given time to address the board. He sued in 2009, alleging his constitutional right to speak in public had been violated.

Trial and appeals courts ruled against Kennedy, however, casting doubt on the extent of the public's right to speak during government meetings.

‘OPPORTUNITY TO BE HEARD'

Senate Bill 50, introduced by Negron, a Republican from Florida's East Coast, seeks to address the doubt.

Fortunately, the bill passed the Senate's oversight committee 8-0 on Feb. 6. The legislation deserves additional support in the Legislature. (In the House of Representatives, HB 23 is sponsored by Rep. Ray Wesley Rodrigues, R-Estero.)

The Senate and House bills aim to ensure that "members of the public" are given "a reasonable opportunity to be heard on a proposition before a board or commission."

Both versions contain provisions that would provide local government boards or state commissions, including water districts, flexibility in managing public input.

For instance, "the opportunity to be heard need not occur at the same meeting at which the board or commission takes official action" — so long as the comments are made "within reasonable proximity in time" before a decision is made.

Although the terms in the proposed legislation are vague, they emphasize a reasonable approach. Importantly, they re-establish the Florida principle: the right to speak before governmental bodies about decisions affecting the public.

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